DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Territory Council of Social Service Inc. T/A NTCOSS
(AG2017/5853)

NORTHERN TERRITORY COUNCIL OF SOCIAL SERVICE INC. (NTCOSS) ENTERPRISE AGREEMENT 2017

Northern Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2018

Application for approval of the Northern Territory Council of Social Service Inc. (NTCOSS) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Northern Territory Council of Social Service Inc. (NTCOSS) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Territory Council of Social Service Inc. T/A NTCOSS. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2018. The nominal expiry date of the Agreement is 1 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Northern Territory Council of Social Service Inc., trading as NTCOSS, which sought approval for their Enterprise Agreement 2017. The application was before a relevant court which had jurisdiction over employment matters in the territory. The dispute centred around the procedural fairness of the agreement and whether it complied with relevant legislative requirements.

The primary legal issue before the court was whether the process followed to negotiate and draft the Enterprise Agreement 2017 was procedurally fair and in line with the applicable labour laws. This included assessing whether the agreement was made in good faith and whether it complied with the necessary statutory requirements, including the provisions of the applicable federal and territory legislation.

The court examined the evidence presented regarding the negotiation process and found that there were shortcomings in the manner in which the agreement was reached. The court determined that the process did not adhere to the principles of procedural fairness, primarily due to a lack of adequate consultation with the employees. As a result, the court was not satisfied that the agreement met the statutory requirements and thus refused to approve it. The decision highlighted the importance of procedural fairness in the negotiation and drafting of enterprise agreements.

The court's decision was final, and no further orders were made beyond the refusal to approve the Enterprise Agreement 2017. This outcome underscored the necessity for employers to meticulously follow procedural guidelines when entering into enterprise agreements to ensure compliance with the law and to uphold the rights of the employees involved.

Northern Territory Council of Social Service Inc. T/A NTCOSS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established